Legal Opinion

Howard v. Minnesota Muskies, Inc.

District Court of Appeal of Florida

Decided October 19, 1982No. Nos. 81-2645, 81-2676PublishedCited by 1 opinion

1Per curiam

We affirm the summary final judgment entered in favor of the defendant Eugene E. Stearns on the attorney malpractice claim because it was time barred by the applicable two-year statute of limitations. § 95.11(4)(a), Fla.Stat. (1981). The plaintiff Robert A. Howard admittedly learned, no later than May 1978, of a prior judgment entered against him and, with the exercise of due diligence, should have learned shortly thereafter that this was a default judgment entered after his counsel, the defendant Stearns, had withdrawn; the alleged attorney malpractice was that Stearns withdrew without the…

2Cases cited2 opinions

  1. Alexander v. First National Bank of TitusvilleDistrict Court of Appeal of Florida · 1973
  2. Henzel v. FinkDistrict Court of Appeal of Florida · 1976

3Cited by1 opinion

  1. Pomerance v. GraggDistrict Court of Appeal of Florida · 1987

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